Commercial Contracts

  • September 22, 2026

    Bad Recordkeeping Kills City's Railroad Indemnity Defense

    A Missouri city must cover financial damages Norfolk Southern suffered when it settled lawsuits stemming from a train crash that killed one city worker and injured another, a federal judge ruled, slamming the city's shoddy recordkeeping and the unreliable testimony of its official.

  • September 22, 2026

    Uber, Lyft Asked To Explain Duty To Drivers In Ohio Injury Suit

    Uber, Lyft and a man who blames them for his injuries when one of their drivers rear-ended him have been asked by an Ohio federal judge to explain whether the companies are the legal proximate cause of his injuries.

  • September 22, 2026

    Tyra Banks Says Netflix Misquoted Her Pact Like It Edited Doc

    Tyra Banks has told a California federal court that Netflix and the producers of an "America's Next Top Model" docuseries used the same misleading tactic in their dismissal motion that they allegedly used onscreen: removing key material from the middle of statements to change their meaning.

  • September 22, 2026

    DraftKings Beats Class Action Over Voided NBA Game Bets

    An Indiana federal judge Tuesday tossed a lawsuit from a certified class of 99 bettors accusing DraftKings of canceling their successful wagers on an NBA game, saying the online sports betting giant wasn't in the wrong when it canceled the class representative's bet the day after a Lakers-Nuggets game.

  • September 22, 2026

    Christmas Tree Co. Must Face Claims Over Deal with Amazon

    The Eleventh Circuit has revived an antitrust claim alleging National Christmas Products entered into agreements with Amazon in 2020 that inflated the prices of artificial Christmas trees.

  • September 22, 2026

    Yale, Biohaven Seek $23M Atty Fee After Trade Secrets Win

    Yale University and Biohaven Therapeutics Ltd. have requested attorney fees topping $23.1 million, plus $2 million each in exemplary damages, after winning a $4 million trial verdict, though both entities are also seeking a new trial to readdress damages on trade secrets and contract breach claims.

  • September 22, 2026

    Flyers Tell 9th Circ. Alaska-Hawaiian Merger Eroding Service

    Airline customers have told the Ninth Circuit that Alaska Airlines' 2024 acquisition of Hawaiian Airlines eroded consumer choice on numerous routes, and that a district court improperly dismissed their antitrust lawsuit with premature and flawed findings that cannot be allowed to stand.

  • September 22, 2026

    Flyer Says Justices Must Hear CrowdStrike Tech-Outage Suit

    An airline passenger is asking the U.S. Supreme Court to hear his proposed class action against CrowdStrike Inc. over expenses and injuries resulting from a 2024 tech outage, saying the justices need to resolve a widening circuit split on the scope of the Airline Deregulation Act.

  • September 22, 2026

    Ga. Justices Mull Reviving Injury Firm Client Solicitation Suit

    Georgia's justices pressed a personal injury law firm Tuesday on whether an attorney's racketeering case accusing it of using confidential crash reports to land clients was rightly dismissed, hinting that the lower courts might have held the claims to too high a bar.

  • September 22, 2026

    Salt-N-Pepa Copyright Bid May Get New Life From 2nd Circ.

    A Second Circuit judge said Tuesday the New York federal judge who quickly dismissed Salt-N-Pepa's bid to reclaim music copyrights from Universal Music Group's UMG Recordings "was incorrect" to dismiss the hip-hop duo's lawsuit for at least two albums.

  • September 22, 2026

    No Play For NCAA Athletes Challenging Eligibility Rule

    A Philadelphia judge has denied a request by 15 college athletes who graduated from high school in 2022 for an order allowing them to participate in college sports while they challenge their exclusion from a new NCAA rule granting five years of eligibility for competition.

  • September 22, 2026

    Womble Bond Can't Quit Dutch Client With TM Trial Looming

    Womble Bond Dickinson can't withdraw from a trademark feud that's dragged on for more than five years between U.S. and Dutch software companies, a North Carolina federal judge ruled, saying the firm's exit at this late stage "would be completely disruptive."

  • September 22, 2026

    HVAC Contractor Accused Of $8M 'Mass Save' Rebate Fraud

    A group of utility companies that participate in a Massachusetts energy-efficiency incentive program have alleged in state court that an HVAC contractor defrauded the program out of around $8 million through various schemes, including claiming rebates for heat pumps that were never installed.

  • September 22, 2026

    Judge Sinks Patent Judgments Against Chilisin In Cyntec Suit

    A California federal judge has nullified judgments against Chilisin Electronics Corp. in a patent case from Cyntec Co. over Cyntec's failure to disclose an agreement to license a pair of its patents to Apple, while also agreeing to sanction Cyntec's counsel.

  • September 21, 2026

    Nielsen Faced Potential Fine Of $50K Per Day In Tying Case

    If the Second Circuit hadn't stepped in and paused a New York federal court order commanding Nielsen Co. to provide its national ratings data separate from its local offerings, the company would have racked up $50,000 a day in sanctions if it did not comply.

  • September 21, 2026

    Anthropic Can't Shake Reddit's AI Content-Scraping Suit

    A San Francisco judge largely rejected Anthropic's bid to toss Reddit Inc.'s suit accusing it of improperly gathering user content to train its artificial intelligence products, finding that most of Reddit's allegations have extra elements exempting them from federal preemption.

  • September 21, 2026

    Crypto Co. Investor's 'Puzzle Pleading' Dooms Revenue Suit

    A Georgia federal judge has dismissed with prejudice a proposed class action alleging cryptocurrency technology company Bakkt Holdings Inc. and its executives misrepresented the stability of the company's crypto services revenue after it acquired a crypto platform, finding the complaint contains "puzzle pleading."

  • September 21, 2026

    Vape Co. Gets $304K Judgment Over Unpaid Order

    The Illinois-based owner of the Urb vape brand has secured a $300,000 judgment in Illinois federal court against a California company that ordered tens of thousands of empty vape devices but never paid for them, but it won't be getting attorney fees.

  • September 21, 2026

    QXO Unit Says Denver Developer Owes Unpaid Invoices

    A Colorado-based subsidiary of building materials company QXO accused a Denver residential developer and construction company in state court of owing money for materials that were provided under a credit application and sales agreement.

  • September 21, 2026

    Telecom Giants Seek Fees For 'Unprincipled' Asus Patent Suit

    AT&T, Verizon and T-Mobile asked a Texas federal judge on Monday for attorney fees after they defeated an infringement suit over wireless communications patents, accusing Asus Technology Licensing Inc. and the other plaintiffs of "an aggressive and unprincipled litigation campaign."

  • September 21, 2026

    Conn. Officials Fight Blame After Kids Eat THC Candy On Bus

    A Connecticut school district's leaders and its bus service denied liability for harm allegedly caused to two children who ate THC-laced candy from a backpack that was left on their school bus, telling a state court judge in a remote hearing Monday that they should win the parents' negligence suit.

  • September 21, 2026

    Deal Resolves Oil Pump Case After Final Albright Patent Trial

    Texas-based manufacturer UTEX Industries and GD Energy Products have told a Texas federal judge they've agreed to the dismissal of a suit where a jury found last month that GD Energy didn't infringe a patent covering a packing assembly for pumps used in the oil and gas industry.

  • September 21, 2026

    Lenders Say Baltimore Property Flips Fueled $10M Fraud

    Two wholesale asset-based mortgage lenders have accused a cadre of appraisers, title companies and real estate investors of passing off inflated appraisals on nearly 60 Baltimore homes and causing more than $10 million in loan losses.

  • September 21, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week dismissed a challenge to Alteryx Inc.'s $4.4 billion take-private sale, resolved a fight over the removal of a security technology company's director and declined to let Empery Digital Inc. immediately appeal a proxy contest ruling.

  • September 21, 2026

    Colo. Justices Uphold Ski Waiver Ruling Against Snowboarder

    A snowboarder released his claims against a ski resort and employee when he signed an online liability waiver to buy a season pass while his injury suit was still active, the Colorado Supreme Court ruled Monday, handing down a decision in a closely watched case for the state's ski industry.

Expert Analysis

  • A Framework For Volume Dispute Damages In Oil, Gas M&A

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    With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

  • 8 Ways 2026's Market Divide Is Rewriting Real Estate Risk

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    As construction activity increasingly concentrates in data centers, healthcare and other resilient sectors, real estate developers and their counsel in the second half of 2026 should consider earlier risk allocation and more protective contract terms, and expect greater pressure on labor, pricing and infrastructure, say attorneys at Cozen O'Connor.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Brief Iran Sanctions Pause Will Most Benefit Non-US Cos.

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    Due to its short duration, the Office of Foreign Assets Control’s recently issued general license easing Iran sanctions will mostly benefit companies with preexisting commercial relationships involving Iranian petroleum, and is unlikely to mitigate overcompliance and de-risking behavior by U.S. and foreign financial institutions, says Michelle Roberts at Berliner Corcoran.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

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    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

  • Tracking The Rare 'Quick Look' Win In FTC's Zillow-Redfin Suit

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    The Federal Trade Commission’s suit claiming that Zillow illegally paid Redfin to exit the apartment rental market is one to watch because its early success under the less rigorous “quick look” standard of antitrust review could turn into a rare case won under the doctrine, say attorneys at Axinn.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • A Lender's Guide To Fraud: Identifying Risks

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    The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.

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